-January
4th,
2004-
IMPORTANT! THESE TERMS OF
SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH
IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE,
YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE
OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT
TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION.
YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED
CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Access To
This Site
YOU MUST BE EIGHTEEN (18)
YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE
UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED
TO ACCESS THIS WEB SITE FOR ANY REASON.
DUE TO THE AGE RESTRICTIONS FOR USE OF THIS
WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE,
FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA)
AND IS NOT MONITORED AS DOING SO.
To access this site or some
of the resources it has to offer, you may be asked
to provide certain registration details or other
information. It is a condition of your use of this
site that all the information you provide on this
site will be correct, current, and complete. If
our Company believes the information you provide
is not correct, current, or complete, we have the
right to refuse you access to this site or any of
its resources, and to terminate or suspend your
access at any time, without notice.
Restrictions On
Use
You may use this site for
purposes expressly permitted by this site.
You may not use this site for any other purpose,
including any commercial purpose, without our Company's
express prior written consent. For example, you
may not (and may not authorize any other party to)
(i) co-brand this site,
or (ii) frame this site, or (iii) hyper-link to
this site, without the express prior written permission
of an authorized representative of our Company.
For purposes of these Terms of Use, "co-branding"
means to display a name, logo, trademark, or other
means of attribution or identification of any party
in such a manner as is reasonably likely to give
a user the impression that such other party has
the right to display, publish, or distribute this
site or content accessible within this site. You
agree to cooperate with our Company in causing any
unauthorized co-branding, framing or hyper-linking
immediately to cease.
Proprietary Information
The material and content
(hereinafter referred to as the "Content") accessible
from this site, and any other World Wide Web site
owned, operated, licensed, or controlled by our
Company is the proprietary information of our Company
or the party that provided the Content to our Company,
and our Company or the party that provided the Content
to our Company retains all right, title, and interest
in the Content. Accordingly, the Content may not
be copied, distributed, republished, uploaded, posted,
or transmitted in any way without the prior written
consent of our Company, or unless authorized in
writing elsewhere on our site, except that you may
print out a copy of the Content solely for your
personal use. In doing so, you may not remove or
alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of
the Content. Modification or use of the Content
except as expressly provided in these Terms of Use
violates our Company's intellectual property rights.
Neither title nor intellectual property rights are
transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked
to other sites which are not maintained by, or related
to, our Company. Hyper-links to such sites are provided
as a service to users and are not sponsored by or
affiliated with this site or our Company. Our Company
has not reviewed any or all of such sites and is
not responsible for the content of those sites.
Hyper-links are to be accessed at the user's own
risk, and our Company makes no representations or
warranties about the content, completeness or accuracy
of these hyper-links or the sites hyper-linked to
this site. Further, the inclusion of any hyper-link
to a third-party site does not necessarily imply
endorsement by our Company of that site.
Submissions
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
Our Company will treat any
personal information that you submit through this
site in accordance with its Privacy Policy as set
forth on this site.
Disclaimer
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
The
Content is not necessarily complete and up-to-date
and should not be used to replace any written reports,
statements, or notices provided by Company.
Investors, borrowers, and other persons should
use the Content in the same manner as any other
educational medium and should not rely on the Content
to the exclusion of their own professional judgment.
Information obtained by using this site is not exhaustive
and does not cover all issues, topics, or facts
that may be relevant to your goals.
YOUR
USE OF THIS SITE IS AT YOUR OWN RISK. The Content
is provided "as is" and without warranties of any
kind, either expressed or implied. Our Company disclaims
all warranties, including any implied warranties
of merchantability, fitness for a particular purpose,
TITLE, OR NON-INFRINGEMENT.
Our Company does not warrant that the functions
OR CONTENT contained in this site will be uninterrupted
or error-free, that defects will be corrected, or
that this site or the server that makes it available
are free of viruses or other harmful components.
Our Company does not warrant or make any representation
regarding use, or the result of use, of the content
in terms of accuracy, reliability, or otherwise.
The content may include technical inaccuracies or
typographical errors, and Company may make changes
or improvements at any time. You, and not our Company,
assume the entire cost of all necessary servicing,
repair or correction IN THE EVENT OF ANY LOSS OR
DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS
CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR
USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS
OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in
this site, whether historical in nature or forward-looking,
speaks only as of the date the information is posted
on this site, and Company does not undertake any
obligation to update such information after it is
posted or to remove such information from this site
if it is not, or is no longer, accurate or complete.
Limitation On
Liability
COMPANY, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS
WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY
OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE
AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE
CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY
AROSE.
Indemnity
You will indemnify and hold
Company, its subsidiaries, affiliates, licensors,
content providers, service providers, employees,
agents, officers, directors, and contractors (hereinafter
known as the "Indemnified Parties") harmless from
any breach of these Terms of Use by you, including
any use of Content other than as expressly authorized
in these Terms of Use. You agree that the Indemnified
Parties will have no liability in connection with
any such breach or unauthorized use, and you agree
to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorney's
fees of the Indemnified Parties in connection therewith.
You will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought
by third parties arising out of your use of the
information accessed from this site.
Trademarks
Trademarks, service marks,
and logos appearing in this site are the property
of Company or the party that provided the trademarks,
service marks, and logos to Company. Company and
any party that provided trademarks, service marks,
and logos to Company retain all rights with respect
to any of their respective trademarks, service marks,
and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
-
you do not have the right to post, including proprietary material of any third party;
-
advocates illegal activity or discusses an intent to commit an illegal act;
-
is vulgar, obscene, pornographic, or indecent;
-
does not pertain directly to this site;
-
threatens or abuses others, libels, defames, invades privacy,
-
stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
-
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
-
infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
-
violates any law or may be considered to violate any law;
-
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
-
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
-
solicits funds, advertisers or sponsors;
-
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
-
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
-
includes MP3 format files;
-
amounts to a 'pyramid' or similar scheme;
-
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
-
contains
hyper-links to other sites that contain content
that falls within the descriptions set forth
above.
Although under no obligation
to do so, our Company reserves the right to monitor
use of this site to determine compliance with these
Terms of Use, as well the right to remove or refuse
any information for any reason. Notwithstanding
these rights, you remain solely responsible for
the content of your submissions.
You acknowledge and agree that neither Company
nor any third party that provides Content to Company
will assume or have any liability for any action
or inaction by Company or such third party with
respect to any submission.
Security
Any passwords used for this
site are for individual use only. You will be responsible
for the security of your password (if any).
Company will be entitled to monitor your
password and, at its discretion, require you to
change it. If
you use a password that Company considers insecure,
Company will be entitled to require the password
to be changed and/or terminate your account.
You are prohibited from
using any services or facilities provided in connection
with this site to compromise security or tamper
with system resources and/or accounts. The use or
distribution of tools designed for compromising
security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited.
If you become involved in any violation of system
security, Company reserves the right to release
your details to system administrators at other sites
in order to assist them in resolving security incidents.
Company reserves the right to investigate
suspected violations of these Terms of Use.
Company reserves the right
to fully cooperate with any law enforcement authorities
or court order requesting or directing Company to
disclose the identity of anyone posting any e-mail
messages, or publishing or otherwise making available
any materials that are believed to violate these
Terms of Use.
BY ACCEPTING THIS AGREEMENT
YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM
ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will
be governed and interpreted pursuant to the laws
of Switzerland,
notwithstanding any principles of conflicts of law.
You specifically consent to personal jurisdiction
in Switzerland, in connection with any dispute between
you and Company arising out of these Terms of Use
or pertaining to the subject matter hereof. The
parties to these Terms of Use each agree that the
exclusive venue for any dispute between the parties
arising out of these Terms of Use or pertaining
to the subject matter of these Terms of Use will
be in the state and federal courts in Lausanne,
Switzerland.
If any part of these Terms of Use is unlawful, void
or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability
of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties
relating to this subject matter. Notwithstanding
the foregoing, any additional terms and conditions
on this site will govern the items to which they
pertain. Company may revise these Terms of Use at
any time by updating this posting.
